A special form is necessary.
We can assist you to apply for Divorce and complete the Divorce Application.
We will require a copy of your Marriage Certificate as same must accompany the Divorce Application when you lodge same with the Court.
If you cannot locate your Marriage Certificate at the time you submit to us your Divorce Application we can obtain your Marriage Certificate for you if the marriage took place in Australia.
Upon completing the Divorce Application you are required to sign the document on oath in the presence of (i.e. physically witnessed by) a Justice of the Peace (JP) or Solicitor.
(You can also make a joint Application for Divorce with your partner. This is a cheaper option, as there are costs for effecting personal service of a single Application on your spouse. We to can assist you to do this.)
We then lodge your Application (there is a Filing Fee of $432) in the Federal Magistrates’ Court, and obtain a court date. You may not need to attend court, however your spouse must be provided with a copy of your court sealed Application at least 28 days before the court hears your Application.
If you have been married for less than 2 years you will be required to show that you and/or your partner have considered a reconciliation. Paul and Paul Lawyers can assist you.
Divorce can invalidate certain provisions in an existing Will, requiring a new Will.